INTRODUCTION – STATE INTERVENTION IN INDUSTRIAL RELATIONS

• Ever growing industrialization has led to –Expansion of the size of work-forceGrowth of labour laws and regulations Adoption of welfare programmes in the field of

labourIncreasing importance of trade unionsGrowing international interactions On account of the above factors, a neutral and

responsible body has to formulate labour policies and programmes and take care of their implementation, etc.

WHY STATE INTERVENTION?The role of the State in industrial relations is

determined by its political, ideological and social-economic orientation

The State has a direct interest in preserving the industrial peace in the country

In all developed and developing countries, steps have been taken by the State to promote a healthy growth of trade union and set up a well-organized industrial relations machinery to achieve industrial peace and harmony

The twin objectives of the State are: 1. To reduce production losses due industrial disputes 2. To assist the employers and employees towards the settlement of industrial disputes through the conciliation and arbitration machinery

NEED FOR STATE INTERVENTION IN INDIA• The labour unions are relatively weak • Profound mistrust of the employer as a profit seeking

exploiter (Tripartite agreements are must)• At times of labour unrest, as the guardian of the

people and of the economy, the State has to intervene and adopt polices to ensure social justice and industrial peace [ESMA]

• The Constitution of India has made it imperative for the State to intervene in labour matters

• Labour is in the concurrent list• The Directive Principles of the Constitution enjoin

upon the State to establish a welfare state and to look after the interests of the weaker sections of the society

ROLE OF STATE [LABOUR ADMINISTRATION] Formulation of labour policy consistent with the needs

of the societyEstablishment of uniform stds of labour and adoption

of steps for their effective observance and enforcementImprovement of working & living conditions of wkrs Special protection to women and young personsMaintenance of industrial peace & harmonyIdentification of rights and obligations of the parties

and ensuring their effective compliancePromotion of cooperation among the parties &

encourage consultation btw employers & workersMaking avail Govt. services for ensuring compliance

LABOUR ADMIN MACHINERY OF CTRL GOVT.• The Ministry of Labour (GOI) is the centre for decisions &

consideration of all questions relating to labour.• It is a centrl admin machinery for formulation of labour policy,

enforcement of labour laws and promotion of labour welfare• It guides, controls and co-ordinates activities of all organizations

and agencies involved in labour administration (centre or states)• The main subjects include:

Labour policy and legislationHealth, safety & welfare of labourersSocial security for labourPolicy related to spl target groups [women & child] Imigration of labour for employment abroadEmployment services & vocational trainingWorkers’ education, etc.

ATTACHED OFFICES UNDER THE MINISTRY OF LABOUR

AUTONOMOUS BODIES

OTHER OFFICES

LABOUR ADMINISTRATION MACHINERY OF STATE GOVT [LOCAL]

TYPES OF STATE INTERVENTIONTYPE OF INTERVENTION SPECIFIC GUARANTEES AND

POLICIESEXAMPLES

Establishment & Protection of workers’ rights

• Right to associate and organize • Right to bargain collectively

• Workers can form unions• Workers can negotiate wages• Workers can strike work

Protection for the vulnerable • Minimum working age

• Equality of wages and employment opportunities

• Special provisions for women

• Children below 15/18 are not allowed to work • No workers can be paid a lower wage or be excluded on the basis of gender, caste, religion, etc. • Maternity leave, no night shift, etc.

Establishment of minimum compensation for work

• Minimum wages

•Minimum non-wage benefits and overtime

• Worker are to be paid minimum hourly wage• Housing or medical benefits, OT @ double the wage rate

Assurance of decent working conditions

• Minimum occupational health & safety• Maximum hours of work

• Work place must have proper ventilation, lighting etc.• 8 / 48 / 52, etc.

CONTD . . . . .TYPE OF

INTERVENTIONSPECIFIC

GUARANTEES AND POLICIES

EXAMPLES

Provision of income security

• Social security

•Job security & severance pay

•Public works

• Lay-off & Retrenchment compensation• Workers have some rights not be dismissed & right to compensation as per S.O.• Ty employment in provided for those willing to work in times of weak labour demand

RELEVENT ARTICLES

• ARTICLE 39: THE STATE SHALL, IN PARTICULAR, DIRECT ITS POLICY TOWARDS SECURING – (A) THAT THERE IS EQUAL PAY FOR EQUAL WORK FOR BOTH MEN AND WOMEN(B) THAT THE HEALTH & STRENGTH OF WORKERS, MEN AND WOMEN, AND THE TENDER AGE OF CHILDREN ARE NOT ABUSED AND THE CITIZENS ARE NOT FORCED BY ECONOMIC NECESSITY TO ENTER VOCATIONS UNSUITED FOR THEIR AGE OR STRENGTH

RELEVANT ARTICLES• ARTICLE 41: THE STATE SHALL, WITHIN THE

LIMITS OF ITS ECONOMIC CAPACITY AND DEVELOPMENT, MAKE EFFECTIVE PROVISION FOR SECURING THE RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCES IN CASES OF UNEMPLOYMENT, OLD AGE, SICKNESS AND DISABLEMENT AND OTHER CASES OF UNDER-SERVED WANTS

• ARTICLE 42: THE STATE SHALL MAKE PROVISIONS FOR SECURING JUST AND HUMAN CONDITIONS OF WORK AND FOR MATERNITY RELIEF

RELEVANT ARTICLES• ARTICLE 43: The State shall endeavour to secure, by

suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full employment, leisure and social and cultural opportunities. The State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas

• ARTICLE 43-A: The State shall take steps, by suitable legislation or in any other way, to secure participation of workers in the development of undertakings, establishments or other organizations engaged in any industry [worker participation in management]

PROBLEMS CONERNING THE ROLE OF GOVERNMENT IN INDUSTRAIL RELATIONS

Persons who are appointed to the post of Labour Minister are expected to have an in-depth understanding of the historical, social and economic dimensions of the subject, apart from basic empathy and sensitivity so essential for handling labour issues but in actual practice, this does not happen

Trade unions have political & ideological affiliationsToo many Tripartite committees in a year, resulting in

paying only lip-service to tripartismUndue delay for adjudication of disputes through labour

courts/tribunals Different judgments of the apex court at diff times.

EVALUATION & SUGGESTIONS

• FUNCTIONARIES INVOLVED IN LABOUR ADMINISTRATION ARE NUMERICALLY INADEQUATE ?!!!

• LABOUR ADMINISTRATORS ARE ASSIGNED MULTIFARIOUS WORK ?!!!

• TEDIOUS PROCEDURE INVOLVED IN PROSECUTION AND COGNIZANCE OF OFFENCES?!!!

• INADEQUATE SKILL AND INEFFICIENCY OF THE ADMINISTRATIVE PERSONNEL?!!!